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Loft Law IMD

Work you can do without a permit, Licensed Contractor, or Registered Design Professional

There is some minor work, described in the sections below, which can be performed without a work permit, without hiring a Licensed Contractor, and/or without hiring a Registered Design Professional.

Work you can do without a permit

NYC Administrative Code Section 28-105.4 clarifies work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for work to be done in any manner that violates the provisions of the code, including the Zoning Resolution or any other law or rules enforced by the Department. Such exemptions shall not relieve owners of the obligation to comply with the requirements of other city agencies, including any filing requirements. Unless otherwise indicated, permits shall not be required for the following:

NYC Administrative Code 28-105.4.2 and Local Law RCNY 101-14 allow certain repairs and replacements of mechanical systems and related elements without contractor permits.

No permit, but work requires a Licensed Master Plumber

Ordinary Plumbing Work. NYC Administrative Code (AC) section 28-105.4.4 provides a limited list of work related to a building’s ordinary maintenance and repair, which includes the repair, replacement and relocation of installed plumbing, gas and fire protection piping, service equipment, and other system components. However, such work must be performed by a Licensed Master Plumber and such plumber must submit a monthly report to the Department as described in this same AC section.

Emergency Work

Licensed Contractors may perform emergency work without initially getting a permit. NYC Administrative Code section 28-105.4.1 clarifies emergency work as work that would otherwise require a permit, but may be performed without a permit to the extent necessary to relieve an emergency condition. However, the application for a permit shall be submitted within two (2) business days after the commencement of the emergency work, perform required inspections to close out the project, and shall include a written description of the emergency condition and the measures undertaken to mitigate the hazard. Emergency work, as it relates to alteration projects, may include but shall not be limited to:

  • Erection of sidewalk sheds, fences, or other similar structures to protect the public from an unsafe condition.

  • Stabilization of unsafe structural conditions.

  • Repair of gas leaks.

  • Replacement of parts required for the operation of a combined standpipe or sprinkler system.

Minor Alterations and Ordinary Repairs

NYC Administrative Code Section 28-105.4.2 defines minor alterations and ordinary repairs. A permit shall not be required for minor alterations and ordinary repairs.

  • Minor Alterations. Minor changes or modifications in a building or any part thereof, excluding additions thereto, that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Minor alterations shall not include any of the work described as work not constituting minor alterations or ordinary repairs.

  • Ordinary Repairs. Replacements or renewals of existing work in a building, or of parts of the service equipment therein, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Ordinary repairs shall include the repair or replacement of any plumbing fixture, piping or faucets from any exposed stop valve to the inlet side of a trap. Ordinary repairs shall not include any of the work described as work not constituting minor alterations or ordinary repairs.

  • Work not constituting minor alterations or ordinary repairs. Minor alterations or ordinary repairs shall not include:

    1. The cutting away of any load bearing or required fire rated wall, floor, or roof construction, or any portion thereof.

    2. The removal, cutting, or modification of any beams or structural supports;

    3. The removal, change, or closing of any required exit;

    4. The addition, rearrangement, relocation, removal or replacement of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements or accessibility requirements, or any fire suppression or fire protection system;

    5. Additions to, alterations of, or rearrangement, relocation, replacement, repair or removal of any portion of a standpipe or sprinkler system, water distribution system, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system;

    6. Any plumbing work other than the repair or replacement of plumbing fixtures, piping or faucets from the exposed stop valve to the inlet side of a trap;

    7. The alteration or repair of a sign for which a permit is required; or

    8. Any other work affecting health or the fire or structural safety of the building or the safe use and operation of the service equipment therein

Service Equipment

Per 1 RCNY 101-14, Table 2: Section II, the following mechanical work shall not require a permit in all buildings, as limited per above:

  1. Voluntary Air Conditioning and Ventilating System – serving only one floor of a building that don’t use lot line openings for intake our exhaust or mounting equipment, is not installed in any public passageway or stairway, does not reduce or provide air quantities below what’s required by the Mechanical Code (MC), and does not penetrate any fire division, wall, floor, or roof.

  2. Packaged Air Conditioning Unit – Serving an existing building including installations in existing windows and sleeves, not exceeding 3 tons capacity, and not part of another alteration.

  3. Fuel Burning and Fuel-oil Storage Equipment – Portable equipment with no vent or chimney connection.

When you need to hire a Registered Design Professional and a Licensed Contractor to obtain a permit

Permits are tied to the project’s scope of work and work type, and the permits are regulated according to the nature of the work, licensing, and registration requirements for the work being performed. There are several aspects of Alteration work, including but not limited to piping, fuel-burning equipment, ductwork, air-conditioning equipment, electric wiring, and the repair or replacement of interior/exterior finishes, which can only be performed by contractors with specialized licenses to perform such required work, and permits are issued to these registered trade license holders.

General Contractor

No work requiring a permit can be performed by a General Contractor without the owner first hiring a Registered Design Professional, who must submit construction plans for approval by the Department prior to the issuance of the permit.

Master Plumber

The work outlined below can only be performed by a Licensed Master Plumber. However, if the plumbing project exceeds the work allowed under the categories of limited plumbing alteration work listed below, a Registered Design Professional must submit construction plans for approval by the Department in order to obtain a work permit; see below.

Limited Plumbing Alterations

Administrative Code §28-101.5 provides the definition of Limited Plumbing Alteration, specifying repair to a plumbing or fuel gas piping system that is limited in scope under two categories:

Category 1: With Cost and time period limitation. $35,000 cost limitation per building including appliance and labor in any 12 month period – only the following can be done:

  1. Addition of Plumbing Fixtures or Connections: Add five or less fixtures within any 12-month period

  2. New Piping: Installation of new plumbing or fuel gas piping – Not including Category 2 work

  3. New Sprinkler Heads: Installation of up to five new heads, only off an existing domestic water system within any 12-month period

  4. Rearrange Sprinkler Heads: Rearrange not more than 20 sprinkler heads, only off an existing domestic water system and only in areas classified in light or ordinary hazard occupancies, such as residences, restaurant service areas, or mercantile areas

Category 2: Without cost and time period limitation. only the following can be done:

  1. Piping. Reroute existing plumbing or fuel gas branch piping to serve the same number of existing fixtures and appliances

  2. Replace Fixtures. In-kind replacement of plumbing fixtures and gas appliances, and which exceeds a minor alteration/repair or ordinary plumbing work

  3. Relocate Existing Fixtures. Relocation and mounting of new fixtures on existing roughing, and which exceeds a minor alteration/repair or ordinary plumbing work

  4. Backflow Preventers. Install or replace primary backflow preventers

  5. Gas-fired Boilers. Replace gas-fired boilers [1 million Btu/h (293 kW) or less]

  6. Gas Burners. Replace gas burners [2.8 million Btu/h (821 kW) or less]

  7. Relocate gas burner/boiler. Relocate gas burner/boiler within the same unaltered fire-rated enclosure, or room

  8. Direct-vent Appliances. In-kind replacement of direct-vent appliances including gas-fired boilers, hot water heaters and furnaces, but serving only one or two-family homes that are four stories or less

  9. Direct-vent Gas Dryer (Domestic). Install new single domestic direct-vent gas dryer serving only one or two family homes four stories or less

  10. Temporary Gas-fired Boiler. Placement of a registered gas fired temporary boiler at a site for emergency heat

  11. Sprinkler Heads. Replace up to thirty existing sprinkler heads provided such heads’ orifice size, type and deflector remain the same, and only off of a domestic water system

Licensed Electrician

A new installation, alteration, or repair of electric wires, wiring apparatuses and appliances or equipment shall be performed by a New York City licensed electrical contractor. All electrical work such as, but not limited to, installing conduits, wires, lighting fixtures and switches, panelboards, fire alarm devices, boiler line voltage work and controls, etc., require an electrical permit before commencing such electrical work.

The electrical contractor shall coordinate with the Registered Design Professional (RDP), other members of the design team, and all other construction trade contractors where projects have other aspects to the work in addition to electrical. For such projects, the Department only requires the submission of a separate electrical permit application. When an electrical permit application by the Licensed Electrical Contractor includes a large electrical installation (see classifications of large installations under electrical plan examination listed below) or requires Energy Conservation Code (ECC) compliance, such an electrical permit application must reference the general project application number for permit issuance.

Electrical construction documents are not required to be submitted by a Registered Design Professional to the Department as part of the electrical or general permit application, except electrical construction documents must be submitted to the Department to obtain an electrical permit as follows:

  • Electrical Plan Examination – submitted by either a Registered Design Professional or a Licensed Electrician

    • Electrical Equipment with a capacity of 1000 KVA or larger

    • Electrical installation that utilizes 600 Volts or higher

    • Electrical Service Installations with 1000 KVA totaling

  • Energy Conservation Code Compliance – submitted by a Licensed Electrician

    • Lighting Power Density to demonstrate energy code compliance (small jobs using a simple calculation). Please note this is in addition to other construction document submittal requirements required for ECC Plan Examination; please refer to ECC sections C406.3, C406.3.1, and Table C405.6.2(2) for these requirements.

  • Fire Department Requirements – Construction documents, prepared by a Registered Design Professional, shall be part of the project submittal for new installations or alterations of an existing fire alarm system. Review shall be performed by an FDNY Plan Examiner.

When you need to hire a Registered Design Professional, Licensed Contractor and obtain a permit

If the alteration project is comprised of aspects of work exceeding what is allowed under the information listed above, then a Registered Design Professional must submit construction plans, for approval by the Department, prior to obtaining a work permit.

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